The defendant shall be innocent.

1. On April 26, 2016, the Defendant driven a C-A-hurd passenger vehicle at approximately ten meters from the parking lot near Jejubuk-dong Post Office located in Jeju City, Jeju, to the road front of the above post office, while under the influence of alcohol of 0.085% of alcohol level around 21:30 on April 26, 2016.

2. Determination

A. The result of the measurement of alcohol conducted under the provisions of Article 44(2) of the Road Traffic Act can serve as the basis for a disadvantageous disposition against the driver, such as cancellation or suspension of a driver's license, and it can be used as an important evidence in future investigation and trial. Thus, the measurement of alcohol should be conducted in accordance with fair methods and procedures to ensure the accuracy and objectivity of the measurement by taking necessary measures in advance to prevent any error due to the remaining alcohol in the mouth of the driver's mouth. If the result of the measurement of alcohol is not obtained through such methods and procedures, it shall not be easily admitted as evidence of guilt (see Supreme Court Decision 2008Do5531, Aug. 21, 2008). Meanwhile, since the measurement of the blood alcohol concentration by the respiratory tester through the pulmonary measuring instrument is not measured by the pulmonary measuring instrument and the blood content measured by the pulmonary measuring instrument through the pulmonary measuring instrument through the pulmonary measuring instrument, the quantity of pulmonary alcohol remaining in the pulmonary substance or alcohol content measured, etc.